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Statutes of Newfoundland 1992


CHAPTER 12

CHAPTER 12

AN ACT TO AMEND THE LIQUOR CORPORATION ACT

(Assented to June 11, 1992)

Analysis

1. S.2(1) Amdt.
Definitions

2. S.5 Amdt.
Powers of corporation

3. Ss.27, 28 & 29 R&S
S.27 Report to minister
S.28 Financial statements
S.29. Additional reports

4. S.31 R&S
Audit of accounts

5. S.33(a) R&S
Power to deal in liquor

6. S.39(1) Amdt.
Regulations

7. S.48(2) R&S
Sale by vendors

8. S.49 R&S
No consumption on premises

9. RSN 1990 cL-18
Amdt.

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN 1990 L-19

1. (1) Paragraph 2(1)(b) of the Liquor Corporation Act is repealed and the following substituted:

(b) "alcoholic liquor" or "liquor" means alcoholic, spirituous, vinous, fermented or malt liquor or combination of liquors, and all drinks or drinkable liquids and consumable solids, patented or not, containing alcohol;

(2) Paragraph 2(1)(o) of the Act is repealed and the following substituted:

(o) "spirits" means alcoholic liquor obtained by distillation mixed with drinkable water and other substance in solution, and includes, among other things, brandy, rum, whisky, vodka or gin;

2. Subsection 5(6) of the Act is repealed and the following substituted:

(6) Every member of the board other than the president holds office for a term of 3 years from the date of appointment and continues to hold office until he or she is re-appointed or a new member is appointed.

(6.1) The president of the board holds office during pleasure and is subject to the Public Service Pensions Act, 1991.

3. Sections 27, 28 and 29 of the Act are repealed and the following substituted:

Report to minister

27. (1) The board shall, not later than September 30 in each year, prepare and submit to the minister a financial statement setting out the assets and liabilities of the corporation and the receipts and expenditures of the corporation for the previous financial year, together with a report concerning the work of the corporation during the previous financial year.

(2) The statement and report referred to in subsection (1) and the audit of the annual financial statement of the corporation referred to in section 31 shall be laid before the House of Assembly within 15 days after they are submitted to the minister if the House of Assembly is then sitting, or within 15 days after the commencement of the next session.

Financial statement

28. The financial statement referred to in section 27 shall be signed by the president and 1 member of the board and certified by the auditor appointed under section 31 and shall have attached to it the report which the auditor has made to the corporation.

Additional reports

29. The board shall provide to the minister the financial statements and other reports additional to those referred to in section 27 and other information that the minister may request covering the period that may be prescribed by him or her.

4. Section 31 of the Act is repealed and the following substituted:

Audit of accounts

31. (1) The corporation shall appoint the auditor general or a firm of auditors to audit the annual financial statements of the corporation.

(2) Notwithstanding subsection (1), the auditor general may conduct an additional examination and investigation of the records and operation of the corporation whenever the auditor general considers it expedient.

(3) For the purpose of an audit, examination or investigation conducted by the auditor general under subsection (2), the auditor appointed under subsection (1) shall, when so requested,

(a) deliver to the auditor general after completion of the audit a copy of the audited financial statements of the corporation;

(b) make available to the auditor general all working papers, reports, schedules and other documents in respect of the audit; and

(c) provide to the auditor general a full explanation of work performed, tests and examinations made and the results obtained, and other information relating to the audit within the knowledge of that auditor with respect to the corporation.

(4) Whenever the auditor appointed under subsection (1) makes an interim examination of the accounts of the corporation during the course of a financial year, that auditor shall submit a report of the examination to the president of the corporation and to the minister, and the minister shall lay the report before the House of Assembly with the statement and report referred to in section 27.

5. Paragraph 33(a) of the Act is repealed and the following substituted:

(a) buy, import and have in its possession for sale and sell alcoholic liquor and articles associated with alcoholic liquor in the manner set forth in this Act;

6. Subsection 39(1) of the Act is amended by adding immediately after paragraph (c) the following:

(c.1) prescribe the method of payment for the purpose of subsection 48(2);

7. Subsection 48(2) of the Act is repealed and the following substituted:

(2) No person shall deliver liquor to a purchaser for his or her own consumption or use or for the consumption or use of another at the expense of the purchaser unless that person first receives in cash or by certified cheque or by another method of payment that may be prescribed in the regulations from the purchaser the purchase price of the liquor.

8. Section 49 of the Act is repealed and the following substituted:

No consumption on premises

49. (1) No official, clerk or servant of the corporation employed in a liquor store shall permit a person to consume liquor in a liquor store or at a liquor agency except during an official tasting organized and conducted under the supervision of corporation personnel.

(2) No person shall consume alcoholic liquor in a liquor store or at a liquor agency except during an official tasting organized and conducted under the supervision of corporation personnel.

RSN 1990 cL-18

9. Paragraph 2(b) of the Liquor Control Act is repealed and the following substituted:

(b) "alcoholic liquor" or "liquor" means alcoholic, spirituous, vinous, fermented or malt liquor or combination of liquors, and all drinks or drinkable liquids and consumable solids, patented or not, containing alcohol;

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